Allen v. Elhers
Filing
11
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/13/2018 RECOMMEDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
MICHAEL DEWAYNE ALLEN,
12
No. 2:17-cv-01943 KJM AC P
Plaintiff,
13
v.
14
C.O. ELHERS,
15
FINDINGS AND RECOMMENDATIONS
Defendant.
16
17
Plaintiff is a former state prisoner proceeding pro se with a complaint challenging
18
conditions of his prior confinement at California State Prison Sacramento. By order filed May 1,
19
2018, the court directed plaintiff to submit a non-prisoner application to proceed in forma
20
pauperis within thirty days.1 See ECF No. 10. Plaintiff was informed that failure to timely
21
comply with the court’s order would result in a recommendation that this action be dismissed
22
without prejudice. Id. at 2. The thirty-day period has expired, and plaintiff has not responded to
23
the court’s order.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
24
25
prejudice.
26
////
27
28
1
Plaintiff previously filed a prisoner application to proceed in forma pauperis, ECF No. 8, which
is no longer applicable.
1
1
These findings and recommendations are submitted to the United States District Judge
2
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14)
3
days after service of these findings and recommendations, plaintiff may file written objections
4
with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings
5
and Recommendations.” Failure to file objections within the specified time may waive the right
6
to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
7
DATED: June 13, 2018
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?